Metal Revolution
Testing Event – Terms and Conditions
Last Updated 10 April, 2019
GENERAL TERMS
1. YOUR RELATIONSHIP WITH US
Welcome to Metal Revolution (the “Game”), provided by NEXT Initiatives Limited (“Tencent”, “we”, “our” or “us”). We are registered in Hong Kong and our registered office is at 29/F., Three Pacific Place, No. 1 Queen's Road East, Wan chai.
This document (the “Terms”) forms an agreement between you and us and sets forth the terms and conditions by which you may access and use our Game for the purposes of the Testing Event (“Event”). The Game is provided for private, non-commercial use. For purposes of these Terms, “you”, “your”, and “Tester” means you as the tester of the Game.
The Terms form a legally binding agreement between you and us. Please read them carefully.
2. ACCEPTING THE TERMS
By accessing or using our Game, you confirm that you can form a binding contract with Tencent, that you accept these Terms and that you agree to comply with them. Your access to and use of our Game is also subject to the ”Testing Event – Additional Privacy Notice” below and the Metal Revolution Privacy Policy, which is available at www.nextstudios.com/mr/contract/en/privacypolicy.shtml and is incorporated herein by reference.
You can accept the Terms by accessing or using our Game. You understand and agree that we will treat your access or use of the Game as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms for your records.
3. CHANGES TO THE TERMS
We amend these Terms from time to time, for instance when we update the functionality of our Game or when there are regulatory changes. We may use commercially reasonable efforts to generally notify all users of any material changes to these Terms, however, you should look at the Terms regularly to review the most up-to-date version and to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Game after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Game.
4. YOUR ACCESS TO AND USE OF OUR GAME
Your access to and use of the Game is subject to these Terms and all applicable laws and regulations.
You may not:
· access or use the Game if you are not fully able and legally competent to agree to these Terms;
· modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Game, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied the Game or any derivative works thereof;
· distribute, license, transfer, or sell, in whole or in part, any of the Game or any derivative works thereof;
· market, rent or lease the Game for a fee or charge, or use the Game to advertise or perform any commercial solicitation;
· interfere with or attempt to interfere with the proper working of the Game, disrupt our website or any networks connected to the Game, or bypass any measures we may use to prevent or restrict access to the Game;
· incorporate the Game or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Game in our sole discretion;
· use automated scripts to collect information from or otherwise interact with the Game;
· impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Game;
· intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
· use or attempt to use another’s account, service or system without authorisation from us, or create a false identity on the Game;
· use the Game in a manner that may create a conflict of interest or undermine the purposes of the Game, such as trading reviews with other users or writing or soliciting shill reviews;
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason.
5. CONTENT
Game Content
As between you and Tencent, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Game, and all intellectual property rights related thereto (the “Game Content”), are either owned or licensed by Tencent. Use of the Game Content or materials on the Game for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
Licence
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Game, and to access the Game Content through your use of the Game. Tencent reserves all rights not expressly granted herein in the Game and the Game Content. You acknowledge and agree that we may terminate this license at any time with or without cause.
Location
The Game Content may vary from location to location. The Game Content may also change from time to time.
Technical Specifications & Requirements
The technical aspects of the Game Content varies between devices and is impacted by multiple factors, including your available bandwidth and device capabilities.
Excluded Warranties
We make no representations, warranties or guarantees, whether express or implied, that any Game Content is accurate, complete or up to date.
6. INDEMNITY
You agree to defend, indemnify, and hold harmless Tencent, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
7. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE GAME IS PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
· YOUR USE OF THE GAME WILL MEET YOUR REQUIREMENTS;
· YOUR USE OF THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
· ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE GAME WILL BE ACCURATE OR RELIABLE; AND
· DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE GAME OR ANY SOFTWARE PROVIDED TO YOU AS PART OF THE GAME WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE GAME EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR GAME FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
8. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
(II) ANY LOSS OF GOODWILL;
(III) ANY LOSS OF OPPORTUNITY;
(IV) ANY LOSS OF DATA SUFFERED BY YOU;
(V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU; OR
(VI) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
· ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;
· ANY CHANGES WHICH WE MAY MAKE TO THE GAME, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE GAME (OR ANY FEATURES WITHIN THE GAME);
· THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE GAME;
· YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
· YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
OUR TOTAL AGGREGATE LIABILITY TO YOU, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE ARISING OUT OF, OR IN RELATION TO, THESE TERMS, THE GAME, WILL BE LIMITED TO EITHER (1) THE AMOUNT PAID BY YOU TO US DURING THE 12 MONTH PERIOD PRECEDING THE DATE OF THE FIRST CLAIM MADE BY YOU UNDER THIS AGREEMENT; OR (2) IF NO PAYMENT HAS BEEN MADE BY YOU DURING THE 12 MONTH PERIOD, USD 50 .
PLEASE NOTE THAT WE ONLY PROVIDE OUR GAME FOR DOMESTIC AND PRIVATE USE. UNLESS YOU HAVE OUR EXPRESS WRITTEN CONSENT, YOU AGREE NOT TO USE OUR GAME FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION IN ACCORDANCE WITH THESE TERMS. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
9. OTHER TERMS
a. Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by the laws of Hong Kong. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall first be subject to good faith discussion between the parties. In the event the parties are unable to resolve such issue, either party may refer the dispute to and such dispute shall be finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English. The language of the arbitration shall be English.
b. Entire Agreement. These Terms constitute the whole legal agreement between you and Tencent and govern your use of the Game and completely replace any prior agreements between you and Tencent in relation to the Game.
c. Links. You must not establish a link to our Game in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our ” above. We reserve the right to withdraw linking permission without notice.
d. No Children. The Game is only for people 16 years old and over (except otherwise specified in the Privacy Policy), unless they have the consent of a parent or legal guardian. By using the Game, you confirm that you are over the relevant age specified above. If we learn that someone under the relevant age specified above is using the Game, we will terminate that user’s account. In addition, if you are under the relevant age specified above, you confirm that you possess legal parental or guardian consent for accessing or using the Game, and are fully able and competent to enter into, abide by, and comply with the Terms.
e. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
f. Security. We do not guarantee that our Game will be secure or free from bugs or viruses. You are responsible for configuring your information technology and computer programmes to access our Game. You should use your own virus protection software.
g. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
h. Any Questions? Please contact us at metal-revolution@nextstudios.com
Metal Revolution
Testing Event – Additional Privacy Notice
Last Updated 10 April, 2019
Please see the Metal Revolution Privacy Policy at www.nextstudios.com/mr/contract/en/privacypolicy.shtml. This privacy notice applies in addition to that Privacy Policy, and only to the Testing Event (“Event”).
What information do we collect about you?
If you are selected as a Tester for the Event, we will ask you questions about your experience playing the Game and to provide feedback, including: (i) who your favourite characters are; (ii) how you would rate the visual and gaming experience in the Game; (iii) how long you played the Game for; (iv) how much you would pay for the Game; and (v) what future improvements you would like to be implemented in the Game.
We will also ask you questions about yourself, including information such as your age, gender, occupation, income, as well as your usual gaming behaviors and preferences, such as how long you usually spend on gaming.
How will we use the information about you?
We will use this information to make improvements to the Game.
How will we store and share your information?
If you are selected as a Tester for the Event and you provide us with the information above, your information will be stored on our servers, which are located globally and which may be outside the country in which you live.
If your personal information is transferred outside the country in which you live, it will be subject to the laws of the country in which it is situated.
You are not eligible to be selected as a Tester for the Event if you are under the age of 16; or if you are located in Brazil, 18 years old. For Thailand, if you are over 16 years old but under the age of 20, you will need the consent of your parent or guardian.
Data Retention
If you are selected as a Tester for the Event and you provide us with the information above, we will retain your information for six months (except if otherwise required to be retained by applicable law).
Other Information
For more information on where we process your information, how long we retain it, your rights over your information and how to get in touch with us, please see the Metal Revolution Privacy Policy
Metal Revolution
Testing Event – Additional Privacy Notice
Last Updated 10 April, 2019
Please see the Metal Revolution Privacy Policy at www.nextstudios.com/mr/contract/en/privacypolicy.shtml. This privacy notice applies in addition to that Privacy Policy, and only to the Testing Event (“Event”).
What information do we collect about you?
If you are selected as a Tester for the Event, we will ask you questions about your experience playing the Game and to provide feedback, including: (i) who your favourite characters are; (ii) how you would rate the visual and gaming experience in the Game; (iii) how long you played the Game for; (iv) how much you would pay for the Game; and (v) what future improvements you would like to be implemented in the Game.
We will also ask you questions about yourself, including information such as your age, gender, occupation, income, as well as your usual gaming behaviors and preferences, such as how long you usually spend on gaming.
How will we use the information about you?
We will use this information to make improvements to the Game.
How will we store and share your information?
If you are selected as a Tester for the Event and you provide us with the information above, your information will be stored on our servers, which are located globally and which may be outside the country in which you live.
If your personal information is transferred outside the country in which you live, it will be subject to the laws of the country in which it is situated.
You are not eligible to be selected as a Tester for the Event if you are under the age of 16; or if you are located in Brazil, 18 years old. For Thailand, if you are over 16 years old but under the age of 20, you will need the consent of your parent or guardian.
Data Retention
If you are selected as a Tester for the Event and you provide us with the information above, we will retain your information for six months (except if otherwise required to be retained by applicable law).
Other Information
For more information on where we process your information, how long we retain it, your rights over your information and how to get in touch with us, please see the Metal Revolution Privacy Policy
Metal Revolution Streaming Policy
Last Updated 5 Aug, 2019
Introduction.
We hope that you enjoy our games and support your interest in producing game-play videos (“Videos”) that share your gaming experiences with others, using images, video, sound effects, in-game music or other assets from our games (”Content”).
Your use of our Content must be limited to non-commercial purposes, except as expressly stated under this Streaming Policy:
You may only use your Video for non-commercial uses, except as we expressly state under this Metal Revolution Streaming Policy. As such, you may not license your Video to any company or anyone else for a fee or other form of compensation without first receiving our written authorization to do so. Note that we reserve the right to use our own Videos for commercial purposes.
How you may distribute your Video:
Subject to the terms of the applicable EULA for a game, and this Streaming Policy, you may create Videos using our Content, and you’re free to distribute such Videos on websites where viewers are permitted to view your Videos without any charge of any kind. We understand that some websites may offer paid services. Provide that the website that hosts your Video provides a free method to allow viewers to view it, we will not object to your Video being hosted on that site.
Ratings – keep your Videos appropriate as follows:
Your Video should match the ratings guidelines for the game it relates to and must not in any event contain any content that would violate the “T” rating of the Entertainment Software Rating Board (“ESRB”) or the “16” rating of the Pan European Game Information (“PEGI”).
Some additional important information:
As solely determined by us, we may have to terminate your right to host, distribute or otherwise make available a Video for business or other reasons, as solely determined by us, without notice or liability to you. In such cases, we may (but do not have to) contact you or applicable websites or platforms regarding terminating such rights to any Video.